Research On Punitive Compensation For Ecological Environment Damage In China

Ecological protection is an important cornerstone of China’s sustainable development,Article 1232 of the Civil Code introduces the punitive compensation system for ecological environment damage for the first time,which will promote the construction of ecological civilization.Therefore,this article attempts to actively construct a punitive compensation system for ecological environment damage that is in line with China’s national conditions,so that it can play its due role in protecting the natural environment and promoting ecological balance,thereby promoting the modernization of national environmental governance capacity and providing useful reference for corresponding legislative improvement.The introduction part discusses the background of the topic selection based on the actual situation and policy significance of the current application of punitive damages,clarifies the research significance from the perspective of ecological protection and system construction,sorts out the current research status at home and abroad,and determines the final research ideas and methods.The second part is an overview of punitive damages for ecological environment damage.Starting from defining and distinguishing the concept of ecological environmental damage,the connotation and nature of ecological environmental damage are clarified,the function of punitive compensation system is analyzed,and the constituent elements of punitive compensation for ecological environmental damage are analyzed.The ecological environment is a dual carrier of economic value and ecological value,which are the objects of natural resource property rights and environmental public interests,respectively.Therefore,the act of damaging the ecological environment not only infringes on the ownership or use rights of natural resource owners,but also causes damage to the public interests of the environment.This section sorts out the internal mechanism and practical functions of China’s ecological environment punitive compensation system by defining relevant concepts.The third part is the necessity and feasibility of applying punitive damages for ecological and environmental damages in China.Combined with the analysis from the perspectives of jurisprudence,economics and sociology,this paper explains the necessity of introducing a punitive damages system for environmental damage on the basis of analyzing the internal setting logic of punitive damages and dismantling its functions.Through the practical experience that can be learned from abroad and the major breakthroughs in domestic judicial and legislative fields,the feasibility of introduction is demonstrated.The fourth part is the practical dilemma of applying punitive damages to ecological environment damage in China.By reviewing the public judgments on the Judgment Document Network and combining relevant judicial cases,a systematic analysis was conducted on typical cases of punitive damages for ecological environment damage.Based on this,it was found that China has prominent problems in applying the punitive damages system to ecological environment damage in practice.This section comprehensively sorts out the restrictive factors that affect the application of the punitive compensation system in various aspects such as the generation,identification,evaluation,litigation,and restoration of ecological environment damage,and deeply analyzes the reasons for their occurrence,in order to improve the pertinence and effectiveness of the construction of the punitive compensation mechanism for ecological environment damage.The practical problems of applying punitive compensation for ecological environment damage include unclear application conditions for punitive compensation for ecological environment damage,unclear attribution and standards of punitive compensation,difficulty in providing evidence,and incomplete supporting mechanisms for punitive compensation for ecological environment damage.The fifth part proposes improvement suggestions for the existing problems of applying punitive damages to ecological environment damage in China.Propose improvement suggestions such as improving the applicable conditions for punitive damages for ecological environment,clarifying the standards and attribution of punitive damages,refining the allocation and degree of proof for punitive damages for ecological environment,and constructing a supporting mechanism for punitive damages for ecological environment.Explore a scientific,targeted,and effective framework for punitive damages for ecological environment from multiple perspectives,multiple levels,and multiple areas,To punish and curb ecological infringement,uphold substantial equity and realize the environmental sustainability.